FLORIDA CRANE SERVICE, INC., A FLORIDA CORPORATION, AND GREEN AND MARRA, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
DOUGLAS D. CARY D/B/A OCEAN CITY CLEANERS & LAUNDRY, APPELLEE
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This case involves a dispute over damages to laundry equipment unloaded by a rented crane. The appellate court affirmed the judgment against the crane rental company but reversed it against a second defendant found to have no connection to the incident.
Yes, the judgment against Florida Crane Service, Inc. was supported by substantial competent evidence of negligence. No, Green and Marra, Inc. was not liable as there was no evidence of its connection to the crane or its crew.
“There is substantial competent evidence in the record on which the trial court based its findings that the defendant, Florida Crane Service, Inc., owned the crane and was the employer of the crane crew, that the crane crew was negligent, that such negligence proximately caused the plaintiff's damages, and that such crane crew had not become borrowed servants of the plaintiff so as to relieve their employer of liability for their negligent acts.”
This quote establishes the basis for affirming the judgment against Florida Crane Service, Inc.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff rented a crane with its crew from Florida Crane Service, Inc. to unload heavy laundry equipment. During the unloading process, the equip…
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Defendants, Florida Crane Service, Inc., and Green and Marra, Inc., appeal from a final judgment for plaintiff in a non-jury trial.
Plaintiff rented a crane from defendant, Florida Crane Service, Inc., to unload heavy laundry equipment. The crane crew consisted of an operator and an oiler, who were shown without contradiction to be employees of defendant, Florida Crane Service, Inc. The laundry equipment, weighing 2400 pounds, was unloaded from the truck without incident. When the crane crew attempted to move the equipment closer to plaintiff’s building, however, the equipment fell from the crane rigging to the ground thereby damaging such equipment. Plaintiff alleged that the damage was due to negligence on the part of the defendants and was successful. This appeal followed.
There was no evidence to show that the defendant, Green and Marra, Inc., was in any manner connected with or responsible for the crane or its crew. There is substantial competent evidence in the record on which the trial court based its findings that the defendant, Florida Crane Service, Inc., owned the crane and was the employer of the crane crew, that the crane crew was negligent, that such negligence proximately caused the plaintiff’s damages, and that such crane crew had not become borrowed servants of the plaintiff so as to relieve their employer of liability for their negligent acts.
*51The judgment is affirmed as to the defendant, Florida Crane Service, Inc., and reversed as to the defendant, Green and Marra, Inc.
Affirmed in part; reversed in part.
CROSS and McCAIN, JJ., concur.
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Scott & Jobalia Constr. Co., Inc. v. Halifax Paving, Inc., 538 So. 2d 76 (Fla. 5th DCA 1989)…7 So. 358 (1936); Kurfess v. Frohlick Crane Service, Inc., 543 P. 2d 1304 (Colo.App.1975); 2 Fla.Jur.2d, Agency & Employment § 205 (1977). Cf. Burton v. Diamond Sand & Stone Co., 327 So. 2d 95 (Fla. 2d DCA 1976); Florida Crane Service, Inc. v. Cary, 215 So. 2d 50 (Fla. 4th DCA 1968). .Cf. Geffrey v. Langston Const. Co., 58 So. 2d 698 (Fla.1952).…